benefit of counsel

(redirected from Ineffective assistance of counsel)
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benefit of counsel

n. having the opportunity to have an attorney and legal advice in any legal matter, but particularly while appearing in court. It may be important if someone makes an appearance or agrees to a contract without benefit of counsel, when a lawyer would be either essential or at least quite valuable.

References in periodicals archive ?
pdf   Domestic Relations Termination of Parental Rights; Ineffective Assistance of Counsel Appellant mother challenged the District Court's decision terminating her parental rights to her infant and denying her motion for new trial.
Focus: Ineffective Assistance of Counsel Angus Murray McArthur appeals from a judgment of conviction, entered upon a jury verdict, of multiple offenses committed against his former girlfriend, K.
1-049-1) (4 pages) (embezzlement; motion for a new trial; defendants argument that he received ineffective assistance of counsel from his appellate attorney in his direct appeal; defendants contention that his attorney failed to argue that applying a "novel construction" of the fiduciary embezzlement statute, G.
The 'unsettled law' doctrine guiding the determination of ineffective assistance of counsel is not sufficiently protective of a  defendant's constitutional and statutory rights to effective counsel.
She submitted a motion for post-conviction relief to the Jefferson County District Court where she had entered her guilty plea, alleging that she had received ineffective assistance of counsel because her attorneys did not adequately advise her of the immigration consequences of her guilty plea.
The question before the high court in Erick Davila's case was whether claims of ineffective assistance of counsel during state appeals should be treated the same as during the original trial.
Sexually Violent Predators and Ineffective Assistance of Counsel: The South Carolina Supreme Court rules that a person has a due process right to effective assistance of counsel during civil commitment proceedings for sexually violent predators, but that a claim contesting such commitment due to ineffective assistance of counsel must be raised in a habeas corpus petition as South Carolina statutory law does not provide for making such a claim on direct appeal.
2015), regarding ineffective assistance of counsel claims in termination of parental rights cases; and assisting the Criminal Court Steering Committee in drafting a rule in response to Powell v.
The Select Committee on Claims of Ineffective Assistance of Counsel in Termination of Parental Rights Proceedings and The Florida Bar's Appellate Court and Juvenile Court Rules Committees have submitted to the Florida Supreme Court a joint out-of-cycle report offering the Court two sets of amendments to the Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure.
Among the topics discussed was a case in dependency that involved ineffective assistance of counsel, as well as a Supreme Court case that will determine whether the State of Florida will uphold a unanimous jury verdict in death penalty cases.
Defense: Relocating Ineffective Assistance of Counsel Claims, 92 CORNELL
Rather, a state may simply implement the right at the back end of postconviction proceedings by waiving any default of a substantial trial ineffective assistance of counsel that arises as a result of the petitioner's pro se status or postconviction counsel error.